Articles 2020

Aujourdʼhui
Aujourdʼhui

Case Commentary: Spence v. BMO Trust Company, 2016 ONCA 196

  • 10 mai 2016
  • Matthew Furrow

Spence v. BMO Trust Company is a recent and noteworthy decision of the Ontario Court of Appeal that defines the limits of the court’s power to strike down testamentary provisions on the basis of public policy.

Droit des fiducies et des successions

Minors on Title to Real Property

  • 10 mai 2016
  • Elizabeth Seo

Minors can be registered as owners of real property in Ontario in their own names without the requirement of a trustee on title. This has several implications, including the need to involve the court and the Office of the Children's Lawyer in proposed transactions involving a minor's real property.

Droit des fiducies et des successions

Brown Bag Lunch Recap for April 2016

  • 26 avril 2016
  • Noah Weisberg, Hull & Hull LLP, Lisa Toner, Sorbara, Schumacher, McCann LLP

A look back at the OBA's April 19, 2016 Brown Bag Lunch program.

Droit des fiducies et des successions

The Admissibility of Hearsay Evidence in Guardianship and Capacity Proceedings

  • 11 avril 2016
  • Yana Nedyalkova, J.D.

Applications for guardianship of an incapable person frequently involve the use of evidence that is technically hearsay. The courts are seldom rigorous in applying the common law hearsay evidence rule in guardianship and capacity proceedings, although the rule is observed more carefully in contentious guardianship applications.

Droit des fiducies et des successions

What Is Rule 65 of the Rules of Civil Procedure?

  • 14 mars 2016
  • Natalia Angelini

Rule 65 of the Rules of Civil Procedure provides for the judicial administration of an estate. It has not had reported use for decades.

Droit des fiducies et des successions

One Change Ontario Could Make to Protect Testamentary Freedom

  • 08 mars 2016
  • Areta Lloyd and Lynne Daubaras

In Ontario, property consequences upon marriage can be drastic. This particularly causes problems in second or subsequent late-life marriages where a person's testamentary capacity may be compromised. Other provinces have addressed this with new succession laws; Ontario can make a similar change.

Droit des fiducies et des successions